R Tauranga 10 January 2025 – R3 – Michael McNab

Evidence

This charge arises from the running of Race 3.  Senior Stipendiary Steward Mr Dooley filed an Information pursuant to Rule 638(1)(d) alleging the Rider of MISS MARTINI (M McNab), permitted his mount to shift inwards, when not sufficiently clear of KAKADU (V Colgan), which was checked to avoid heels, before shifting wider near the 1000 metres.

Mr McNab acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1)(d) provides:  A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films, Senior Stipendiary Steward Mr Jones demonstrated the incident and identified the horses and Riders concerned; namely MISS MARTINI (M McNab) and KAKADO (V Colgan).

He told the Adjudicative Committee that approaching the 1000-metre mark, Mr McNab was looking to shift inwards, he looked over his shoulder before shifting inwards. In doing so, he angled his mount down in front of KAKADU on his inside, who had been ridden forward into that position by Mr Colgan. Mr McNab was no more than one length clear of that horse.  As a result, KAKADU had to be checked off the heels of MISS MARTINI, before shifting wider.  Mr Jones added that KAKADU was being ridden forward at the time of the incident.

In response, Mr McNab accepted that in shifting inwards, he had checked Mr Colgan. Initially, there was space to move into, however, he had not realised that KAKADU had been ridden forward into the space.

Decision

As Mr McNab admitted the breach, the Adjudicative Committee found the charge proved.

Submissions for Penalty

Mr Jones produced Mr McNab’s riding record, which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months, from 498 race rides. One such breach was about to drop from his record.

14/1/24    Auckland TR – 5 days

6/4/24      Manawatu – 8 days

30/11/24  Auckland TR – 4 days

Mr Jones said Stewards assessed the level of carelessness to be in the low to mid-range and submitted that there were mitigating circumstances, in that KAKADU had been ridden forward into the space Mr McNab had seen, when he checked before moving. Mr Dooley recommended a 5 day suspension, noting Mr McNab’s admission of the breach.

Mr McNab sought an 8 day deferment to any proposed suspension. In terms of penalty, he proposed a 4 day suspension, taking into account his admission of the breach and good record.

Reasons for Penalty

After considering the submissions and reviewing the race films, the Adjudicative Committee determined Mr McNab’s carelessness to be in the low-range and adopted a 5-day suspension as the starting point.

The available films established that Mr McNab did allow his mount to shift in, it was not abrupt, but he was no more than a length clear of KAKADU, who was checked and forced to shift out as a result.  It is accepted that between Mr McNab checking he had space to shift into and completing the shift, KAKADU had been ridden into that space.

Mr McNab’s overall record is very good, and he is given credit for his admission of the breach.  Accordingly, a 1 day reduction is applied to the 5-day starting point.

After taking into account all the above factors, the Adjudicative Committee considered a 4 day suspension to be appropriate.

Conclusion

The Adjudicative Committee granted Mr McNab a deferment to his suspension and his Licence to ride in races is suspended for a period of 4 days, commencing after racing on Saturday 18 January 2025 and concluding after racing on Thursday 23 January 2025 (4 National Riding Days).